Development Agreement - 2023 - Shingle Creek Subdivision - 5/18/2023Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.0, Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=14 BONNIE OBERBILLIG
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2023-029164
05/22/2023 11:04 AM
NO FEE
For Recording Purposes Do
Not Write Above This Line
This Development Agreement, made and entered into 011 the date as indicated herein, by and
between_ the CITY OF EAGLE, a municipal corporation in the State of Tdaho ("City"), by and through its
Mayor, and COOK BROTHERS CONSTRUCTION, INC, ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real -.state identified as Ada County
parcel Nos. SO507314800 and 50507315200 ("Property"), as specifically defined in the attached legal
description_ (Exhibit A) which is the subject of an application for Rezoneidentified as Rezone
Application No. RZ-06-22;
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition — Ada County designation); and
WHEREAS, the Owner desires a R-2-DA-P (Residential with a development agreement PUD)
zoning classification to develop a residential use on the above described property, which is herein referred
to as the "Property"; and
WHEREAS, the Planning and Zoning Commission_ and the City Council of Eagle have
determined that the scope of any residential development upon the Property must be limited with the use
of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing
COMITitality; and
-WHEREAS, the intent of this 'Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting arry adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
-WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a R-2-DA-P (Residential with a development
agreement ---- PUD) zoning designation for the Property with the requirements set forth in this Development
Agreement; and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same; and
Page 1 of 9
K:Tlanni-ng Dept,E:agle ,,pplicatims'Prclimmary t)evelr.,prnalt Plans',2022',Stling SubdivisionDA'Shingic Creek Stlb da cc Fri
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
AGREEMENT
In consideration of the mutual covenants contained herein, the parties agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE IT
ZONING ORDINANCE AMENDMENT
The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the R-2-DA-P (Residential with a development agreement -- PUD), after
recordation of, and subject to the provisions of this Development ,,6ortyeerrient. The ordinance will become
effective after its passage, approval, and publication and the execution and. recordation of this
Development Agreement.
ARTICLE ITT
CONDITIONS ON DEVELOPMENT
3.1 The maximum density for the Property shall be 2,04 dwelling units per acre (9-single-thmily lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use pelmits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at. the time such
applications are made except as otherwise provided within this Agreement,
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur, If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 'The conditions, covenants and restrictions for the Property shall contain at least the following:
(a)
An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, shared driveway, and amenities.
The owner shall provide an operation and maintenance manual including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall
run with the land and that the requirement cannot be modified ant that the homeowners
association or other entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D), All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink shall be
prohibited.
Page 2 of 9
K.:, Nanning Dept, Eagle AppiicationsTteiunitiaty Devetopment Plans',2022',Shingte Creel hzon DA,Shingic Creek Sub da cc ful
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies, in the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application. Prior to issuance of any building permits, Owner shall
provide proof of central sewer service to the proposed residential use.
3,6 Owner shall provide a detailed arhorist report and an existing tree inventory map identifying all
existing trees located on site. The report shall identify, at a minimum, species, size, and health of
the trees. The arhorist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees. No trees
shall be removed from the site prior to city approval of a tree removal plan.
Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the common areas throughout the development, 3) elevation
plans for all proposed common area struetures and irrigation pump house (if proposed), 4)
landscape screening details of the irrigation pump house (if proposed), S) proposed useable
amenities such as picnic tables, covered shelters, benches, gazebos, andlor similar amenities, 6) all
proposed fencing throughout the development, 7) cluster mail box, and 8) street lights. The design
review application shall be reviewed and approved by the Eagle Design Review Board and City
Council prior to the submittal of a final plat application.
3,8 To alloy,' for the future installation of municipal fiber-optic cable, the applicant shall be required to
install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan.
Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall
provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal
fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit
lines shall be dedicated to the City prior to the City Clerk signing the final plat.
3.9 Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding
Plan associated with Shingle Creek Subdivision. The CEP Funding Plan shall be executed by the
01,vner and City prior to the City Clerk signing the final plat,
3.10 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or
equipment over 8000 GVIVR. The plan shall show all designated _routes and hours of operation.
The heavy truck traffic routes shall maximize use ofhighways and major arterials while minimizing
use of smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-
contractors and for monitoring compliance.
3.11 Owner shall place a 4'xS' subdivision sign(s) containing information :regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
Page 3 of 9
K ,Planning Dbpi%Eagiu Applicatom.Trelaninary DevelopluelU Pituk,,'2022,Sbingic Creek Subd)viskuiDA'Sbiogk Cii.+21,: Sub dac. fni er et(te
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Ari affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein_ agrees
to subject the Property to this Development Agreement (Exhibit B) and be bound thereby, and comply
with and he bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from City, City shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development
Agreement following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, City shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
enjoin such defimit and to enforce the cominitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an
A-R (Agricultural -Residential) zoning designation until City enacts and records an ordinance
changing the property to the A-R. (Agricultural -Residential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5,3 above, if any term, provision. commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s)
(or other appropriate party) and City.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land, This Development Agreement shall be
binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives,
successors, and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection with the
property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
Page 4 of 9
K.'.?Ixaning Dept \ Eag)e ApplicatkrilsTrelirnmary Dcvek,pincnt P13.ni.2022' St-ong'.e C'rzek. SthdivIsion DA` Shingle. Cruk Sub da ccrni vcv
ARTICLE VIII
GENERAL -MATTERS
8,1 A.meadments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and
shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development Agreement„Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
8.4 Legal Representation. Both the Owner and City acknowledge that they each have been represented
by legal counsel in negotiating this Development _Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whom the notice is directed at the address of such party set forth below;
City:
Owner:
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Cook Brothers Construction, Inc.
Attn: Rusty Cook
5204 Pierce Park Lane
Boise, ID 83714-7816
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. in addition to the other remedies afforded City herein, Owrier agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. City shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash
deposit with City, City may draw on the deposit to pay its invoice. If the financial a.ssurance deposited
by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when
Page 5 of 9
K %Planning DepbEagle ApplicattowPfeluninary De.elopmerg PlansV2022'Shingt. Creek Subdivisiou'DA'Shingle Ctk Suia da cc- 01 veLdoc
actually incurred by City and invoiced, then following thirty (30) days of written notice of such failure
from City, City may draw upon the financial assurance provided by the Owner. Thereafter, if the then
current estimated fees still to be paid exceeds the amount of the then current balance of the financial
assurance (whether it be in the form of a cash deposit or a letter of credit), the Owner shall replenish the
financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of
all attorney fees and engineering fees. City shall release to the Owner the unused portion of the cash
deposit or the letter of credit, as applicable. City's draw upon the financial assurance under this Section
shall not preclude it from exercising any of the other rights and remedies afforded it in Article. V or in
Section 8,7,
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the thilowing
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice ofsuch action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. 'Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
8.9 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.10 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC) action. and necessary corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
8.11 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
Page 6 of 9
K.,Pianning Dtpi,Eagie ApplicationsTrelitoiimiy L'evelock.upni Pans\ 2022',Shiugiu Creek SubtlivisSAI, DA \ ShIngle Clublc Sub du cc ful va doe
rN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this i day of f )'/Cj 2023.
ATtEST*:
Tracy E. Os
STATE OF IDAHO )
: ss.
County of Ada
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
es.
By:
Jan -Tee, Mayor
*
c`',
.*;
.....
Clerk'
'4.4; J:
°*4. ,o •;.*'''',*& 4,""
S.0
'"git?vg,40
On this day of a ti , in the year 2023, before me, the undersigned, a -Notary
Public in and for said State, persetnally appeared JASON PIERCE, known to me to be the MAYOR of
said municipal corporation that executed this instrument and the persons who executed the said
instrument on behalf of said corporation, and acknowledged to rile that such corporation executed the
same.
In witness whereof, I have hereunto set my hand and affixed ny offieial seal the day and year first
written.
7-Ns
( —
Notaryl_y ublic
Residing at: 43,44, ckcii ,
My Commission Expires:
Page 7 of 9
f?epaagle Appiicabob s Prubmisary Develepincru flans',202LbSi11gbe Cbsub SubdiviFiorbDAV.Sbingle Creek Sub da cc fni burble::
COOK BROTHERS CONSTRUCTION, INC,
By:
Michael Cook, President
STATE OF IDAHO )
ss.
County of Ada )
On this _ day of , 2023, before the undersigned notary public in and for
the said state, personally appeared MICHAEL COOK, known and identified to me to be the President of
COOK BROTHERS CONSTRUCTION, LNC., known or identified to me to be the owners of the
property referenced herein and, the persons who executed the foregoing instiument.
IN WITNESS 1,VHEREOF, 1 have hereunto set my hand and seal the day and year first above
wTtten.
Nottiryt.Piblicfor Idabo
Residing at: 10
My Commission Expires:__J
Page 8 of 9
Depb-Eagie Appbeatibb&'PreSulinary Development Pvins`.2r)22 ShinCreek SuUdivIsicroDASbivale Creek Sub da ac Sul ver doc
INDEX OF EX -
A Legal Description
B Affidavit of Owner
Concept Plan
D Fencing Plan
E Heavy Truck Traffic Plan
Page 9 of 9
Dtpt Eagle AppileacicAls`P,:etiminat?; fkvetcpcIlent Plaris,207:2,Shmg4, C,cek SubLicici,lly AShingie C...leek Sub cia fhl ver.doc
txnion "H"'
r.CoiPPJ.';.1.3ito
Subdivision Boundary Description
A parcel of land lying within the Northeast of Southwest Quarter of Section 07, Township 4
North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, being more particularly
described as follows:
Commencing at the South Quarter Corner of Section 07, Township 4 North, Range 1 East, from
which the Southwest Corner of Section 07 bears North 89"49/57" West, 2,489.18 feet,
Thence along the easterly boundary of the Southwest Quarter of Section 07, North 01'11115"
East, 1392.45 feet to its' intersection with the northerly right-of-way of State Highway 44, the
POINT OF BEGINNING;
Thence along said northerly right-of-way, South 894256" West, 329.81 feet to its' intersection
with the easterly boundary of Timberland Estates Subdivision;
Thence along said easterly boundary North 01'07126" East, 556.72 feet to the southerly
boundary of Countryiand Subdivision;
Thence along said southerly boundary the following four (4.) courses:
1) South 88°5313' East, 190.13 feet;
2) North 01°0820" East, 46.51 feet;
3) North 66°1058" East, 65.05 feet;
4) South 88°5904" East, 81.28 feet to the westerly boundary of Countryside Estates
Subdivision No. 3;
Thence along said westerly boundary, South 01'1115" West, 622.75 feet to the POINT OF
BEGINNING,
Containing 191,962 square feet or 4.406 acres, more or less.
End of Description
Prepared By: Aaron Rush, PLS
EXHIBIT "B"
Affidavit of RUSSELL COOK on behalf of Cook Brothers Construction, Inc.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) SS;
County of Ada
MICHAEL COOK, who being first duly sworn under oath, deposes and says:
1, I am MICHAEL COOK, who is President of Cook Brothers Construction Inc., whose
mailing address is 5204 North Pierce Park Lane, Boise, ID. 83712-7816 ("Omier").
Owner is the fee simple owner of the parcel of real property described on Exhibit A,
attached hereto (the "Property").
3, Michael Cook authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code Section 8-10-1 dated the day of , 2023 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Russel Cook, Cook
Brothers Construction, Inc. (the "Agreement").
DATED this day of , 2023.
By: Cook Brothers Construction, Inc.
4,
By:
Michael Cook, President
SUBSCRIBED AND SWORN to before me this day of Y1'1,1,21-t 2023
Notary Publicr Idaho
Residing at 1)6; _ Idaho
)
My Commission expires ik_1,704•7
Page I. of 1
K.Tianning Dept ',Eagle App);cazions Deveiopment Par s 2022 Shingle Creek Subdivislon`DA,Shing;:e Cre.ek aff,davit doe
t.-At-iibl 1
[SOZES 0,0.PI '..402
la&Y tr4q4 'S ltrta
Wr.o+Sosarimun
OM - ore?) 4,cf)s,?.,iikr4
14Y.;;45"'
454
.;;;;;',114,7
"2"2-2:3312
22222 ;--k
, -
24235- 4
tti 4.1-
4-3 424 -
R
-a
\,,,, 1 ,,., .3: ,..)
• 2 t 22.-.3.33; , ; 1 • -
k= : ..,,,,....
............................_,.-
t'
,..=.., .$1 -.A .
‘,
gs -:
.32 • , ,2V.....,
- ',..,---`
.:,....
Ind AiiingiNTIM1
Norswasns maato 319NINS
_„.,,:,:,,
i,
i .....__4,._.: i .,! i; .. .,.
_,
,
^‘,2
4 4r. f !,'''.,s, ' . I ,
I "41 I 't i Ils li °,-.. -1\ ,.. ,,;:, II! 4 -1
tr--- --- : ---------------------- i '4-44-
545, f ; '
I
45
—32"
, 3 ' 'i -',3"---'
i.
tj:i gl. 71.,;_ -,4 ii' _i ,„?
i .,-- i.: g
'•
g
t
4544444
E t 2-3 t3 7
' t t
(F,
:9,-71441M14 "AU '-ttaa."47.47,,,-;;013,04-1,27Y-A1,0f411.4.1.,410-10447,77 ,44154244i, 444 '4K.414':',5","42.4,`" ta,:23 iTt_4t:8tt4444 2>t, ,222,032323tY43:42,12.102-2,2t4452224:25-t, '-'544404.c8444.475444,*24',4,7-441,747
---
2:
i.,;,,-,,,
-13,1044.1249.111.1,4
EX-15d1331
\ijH
D
t f t
L ,
4-'5f
...,.
,-_-.
. , s a .
z
1
mra n auww0 w‘n P.24 >ay.., Da, K-5.5 .5:1:5140.55,4 Vi
EXHIBIT
--- --- -1 !
I I I
V4i, SIOr lAir:ROD DR,
z
----
fTh
'A-
L
t
,41fisit 33kI,330014
'15: ?LEVIS '4111
'
X